|NYC BEING NUKED ONCE AGAIN, WHY DOESN'T ALBANY THE STATES CAPITAL USED? I AM SURE NYC RESIDENTS WOULD LIKE TO SEE THAT PICTURE. ThE EMERGENCY DEFENSE ACT Mentions AND REFERS TO NYC QUITE A BIT.|
CHAPTER 784/51 NEW YORK STATE DEFENSE EMERGENCY ACT Article I. Short title; definitions. I-A. Succession to office of governor. II. State defense council. III. Civil defense. II-A. Shelter protection. IV. Powers of agencies. V. Power of dispensation from certain limitations of law. VI. Closing or restricting use of highways; posting of property. VII. Banking. VII-A. Insurance. VIII. Violations and penalties; peace officers. IX. Miscellaneous provisions; construction and duration of act. ARTICLE 1 Short Title; Definitions Section 1. Short title. 2. Declaration of purpose and findings. 2-a. Further declaration of purpose and findings relating to the protection of the people in the event of nuclear attack and recovery and rehabilitation after attack. 3. Definitions. Section 1. Short title. This act shall be known and may be cited and referred to as the "New York state defense emergency act." § 2. Declaration of purpose and findings. The legislature hereby finds that there exists a serious danger that this state will be subjected to enemy attack, including attack by atomic bombs or other radiological weapons. On December sixteenth, nineteen hundred fifty, because of the grave threat to national security, the president of the United States declared a state of national emergency, summoning all state and local leaders and officials to cooperate fully with the military and civil defense agencies of the United States. The federal civil defense act of nineteen hundred fifty passed by congress on January second, nineteen hundred fifty-one and signed by the president on January twelfth, nineteen hundred fifty-one, as amended by public law eighty-five-six hundred six declares it to be the policy and intent of the congress that the responsibility for civil defense shall be vested jointly in the federal government and the states and their political subdivisions. Nations with communist governments presently dominate one-third of the population of the world. Some of these nations have aided and assisted the nations which have perpetrated aggression in Korea. Acts of communist aggression have occurred in other parts of Asia and in Europe. These communist governments have conducted incessant propaganda attacks upon the United States and have engaged in repeated demonstrations of hostility. The president of the United States has stated that in one of these nations there has occurred an atomic explosion. Our military leaders have informed us that these nations possess bombers capable of flying an atomic bomb to any point in the state of New York. The national security resources board has in its plan for organizing civil defense stated that an atomic bomb exploded in a large city can destroy virtually all property and lives within a radius of three-fourths of a mile from the point of explosion and cause great damage at even greater distance. It is estimated that a single such explosion would kill nearly eighty thousand persons and severely injure many more. In view of the professed determination of the government of the United States to resist further communist aggression, and because of the likelihood of resort to atomic and radiological weapons in the event of further conflict between this nation and communist aggressors, the peril to the people of this state is sufficiently great that the precautions embodied in this act must be taken. The present inadequate size of our armed forces, their lack of equipment, critical shortages in essential goods and certain production facilities make necessary intensified mobilization to the end that the defense of the United States be strengthened as speedily as possible. Under all of the circumstances it is obvious that the enormity of the defense effort which must be made by the United States will cause great dislocation to its normal economy. One of the further purposes of this act is to minimize the hardship resulting from these dislocations, and to permit the fullest participation by the people of this state in the defense effort. It is the purpose of this legislation to meet these dangers and problems with the least possible interference with the existing division of the powers of the government and the least possible infringement of the liberties of the people, including the freedom of speech, press and assembly. § 2-a. Further declaration of purpose and findings relating to the protection of the people in the event of nuclear attack and recovery and rehabilitation after attack. The legislature hereby finds and declares that the aggressive forces of communism are employing threats of nuclear attack to achieve their plan and purpose of world domination and to confound the aspirations of free people everywhere. It is increasingly apparent that effective fallout protection as an integral part of a strong civil defense is essential to the nation's military defense, to our negotiating strength, to the deterrence of nuclear aggression and to our resistance to nuclear blackmail. In the event of attack, fallout protection and a comprehensive civil defense program are essential to minimize injury and loss of life and to make possible the recovery of the people, the restoration and rehabilitation of the state's economy and the preservation of the spiritual, cultural and political heritage of our nation. The entire population of the state is now exposed and vulnerable to death or disability from any nuclear attack that might be launched against us. While the radioactive fallout which follows the explosion of nuclear weapons would create the most widespread danger faced by our population in the event of a nuclear attack, the means for protecting the state's population from such fallout are known and are feasible. In furtherance of the national goal declared by the president of the United States to reach for fallout protection for every American as rapidly as possible and as an integral part of the state's comprehensive civil defense program, a major objective of the state is to have for each person in the state of New York fallout protection ready and adequate for survival, which will make possible recovery and rehabilitation in the event of nuclear attack. This objective can be achieved only by a cooperative effort which mobilizes the resources of individuals, business, labor, agriculture and other private groups and government at every level--federal, state and local. All levels of government must recognize and accept their mutual obligations to plan, encourage and assist the orderly establishment of adequate fallout shelters, readily accessible to all the people, but the effectiveness of the joint effort, public and private, to protect against the dangers of nuclear attack will depend in large measure on the success and vigor with which local communities and families organize for their survival. The state must give leadership and direction in this important task of establishing a strong civil defense and achieving fallout protection for each person in the state. To this end the legislature has established a broad coordinated civil defense program. A primary consideration in this program for survival and recovery of our state following a nuclear attack is the necessity for preservation of our young people. Therefore, as an essential part of the coordinated civil defense effort in each community, the authorities of public and private schools, colleges and universities should provide fallout protection in or near their buildings and the state should encourage and assist financially through state civil defense aid the development of such fallout protection. The state, by fostering fallout protection at the schools, colleges and universities scattered over the length and breadth of the state in every community, will not only aid in providing protection for our young people but will also thereby provide a direction and an awareness of the need for public and private action in support of the civil defense effort. In addition, as a part of this program, the state should --encourage and assist private individuals to provide adequate shelter protection for their families, either singly or in groups; --encourage and foster the construction of shelters in all publicly-assisted housing; --encourage and assist landlords and employers to provide shelter protection for their tenants and employees; --encourage local offlcials and community leaders, within the framework of a coordinated civil defense plan, to take positive steps to promote and assist the development of shelter protection by the citizens individually and collectively in each locality; and --construct and install shelters on state-owned property to provide protection for state workers and other occupants. Furthermore, the state must cooperatively supplement the program being provided and developed by the federal government and the state must share with the federal government the responsibility of insuring that all protective measures adopted reflect the latest techniques and developments available. At all times the objectives and planning of civil defense should be directed to the survival not only of the people of the state but of their way of life. Intensive efforts must be made to establish the means and methods which will, in the event of nuclear attack, make possible the recovery of the people and the rehabilitation of the economic and social life of the state following any such attack. § 3. Definitions. As used in this act the following terms shall mean and include: 1. "Agency." An office, department, division, bureau, board or commission of the state or of a political subdivision thereof, including volunteer agencies. 2. "Attack." Any attack, actual or imminent, or series of attacks by an enemy or a foreign nation upon the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, shellfire, or nuclear, radiological, chemical, bacteriological, or biological means or other weapons or processes. 3. "City director." The director of civil defense heading a city office. 4. "City office." A city office of civil defense or a consolidated city office of civil defense. 5. "Civil defense." All those activities and measures designed or undertaken (l) to minimize the effects upon the civilian population caused or which would be caused by an attack, (2) to deal with the immediate emergency conditions which would be created by any such attack, and (3) to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by any such attack. Such term shall include, but shall not be limited to, (A) measures to be taken in preparation for anticipated attack (including the establishment of appropriate organizations, operational plans, and the supporting agreements; the recruitment and training of personnel; the conduct of research; the procurement and stockpiling of materials necessary to the survival, recovery and rehabilitation of the state and of its inhabitants; the provision of suitable warning systems; the construction or preparation of shelters and control centers; provisions for the continuity of state and local governments; and, when appropriate, the non-military evacuation of civil population); (B) measures to be taken during attack (including the enforcement of passive defense regulations prescribed by duly established military or civil authorities; the movement of personnel to shelters; the control of traffic and panic; and the control and use of lighting and civil communications); and (C) measures to be taken following attack (including but not limited to activities for fire fighting; rescue, emergency medical, health and sanitation services; monitoring for radiation and other specific hazards of special weapons; decontamination procedures; unexploded bomb reconnaissance; essential debris clearance; emergency welfare measures; immediately essential emergency repair or restoration of damaged vital facilities; the implementation of the means and methods for the recovery and rehabilitation of the state; effective utilization of all persons and materials; care and shelter for those made homeless; distribution of stockpiled food, water, medical supplies, machinery and other equipment; the preservation of raw materials; the restoration of essential community services, industrial and manufacturing capacity, and commercial and financial activities in the state; and the resumption of educational programs). 6. "Civil defense forces." Agencies, public officers, employees, and enrolled civil defense volunteers, all having duties and responsibilities under or pursuant to this act in connection with civil defense. 7. "Commission." The state civil defense commission created by article three of this act. 8. "Communication facility" or "communication device" shall not mean or include a newspaper. 9. "Council." The New York state defense council created by article two of this act. 10. "County director." The director of civil defense heading a county office. 11. "County office." A county office of civil defense or a consolidated county office of civil defense. l2. "Defense effort." The preparation of the United States and other nations cooperating with it for defense against attack and for the conduct of war. l3. "Defense emergency." The period beginning with the effective date of this act and ending upon the termination of the national emergency as proclaimed by the president of the United States on December sixteenth, nineteen hundred fifty. 14. "Drill." Any duly authorized activity of the state civil defense commission or a local office of civil defense, or subdivision, service or unit thereof, with or without the participation of the general public, held in training or preparation for enemy attack or for rehabilitation and recovery procedures following an attack. Drill is synonymous with authorized test, training, or training or practice exercise. Drill includes assistance by civil defense forces in combating natural or peacetime disasters upon the direction of a public officer authorized by law to call upon a civil defense director for assistance in protecting human life or property. 15. "Facilities." Buildings, shelters, utilities, and land. 16. "Fallout shelter." A building, structure or other real property, or an area or portion thereof, so constructed, altered or improved as to provide protection against harmful radiation resulting from radioactive fallout in accordance with the plan, regulations or orders of the commission pertaining thereto, including such plumbing, heating, electrical, ventilating, conditioning, filtrating and refrigerating equipment and other mechanical additions or installations, if any, as may be an integral part thereof. 17. "Law." A general or special statute, law, city or village charter, local law, ordinance, resolution, rule, regulation, order or rule of common law. 18. "Local director." A county director or a city director. 19. "Local office." A county office or a city office. 20. "Materials." Raw materials, food, water, supplies, medicines, machinery, equipment, component parts and technical information and processes necessary for civil defense. 21. "Municipal agency." An agency of a political subdivision responsible for police, fire, sanitation, public works, street, sewer, water, health, emergency or other services involving duties and responsibilities in connection with civil defense. 22. "Political subdivision." A county, town, city, village, school district or other district, district corporation or public benefit corporation. 23. "Shelter." A building, structure or other real property, or an area or portion thereof, which is to be used for the protection of persons during or after an attack, including such services, utilities and equipment, if any, as may be an integral part thereof. 24. "State director." The New York state director of civil defense. 25. "Volunteer agencies." Agencies sponsored or authorized by the commission or local offices of civil defense the personnel of which are in major part selected from among volunteer persons serving without compensation and may include wardens, shelter captains, warning services, auxiliary police, auxiliary firemen, bomb squads, radiological units and personnel, rescue squads, emergency medical units and other medical forces, nurses' aides, repair crews, monitoring and decontamination squads, demolition crews and all other similar forces and services having duties and responsibilities in connection with civil defense. ARTICLE 1-A § 5. Persons eligible to succeed governor. If, as a result of an attack or a natural or peacetime disaster, the office of governor becomes vacant and each of the lieutenant governor, the temporary president of the senate and the speaker of the assembly is unable to discharge the powers and duties of the office of governor or is absent from the state, then the officer of the state who is (a) highest in order of the following list, (b) not otherwise unable to discharge such powers and duties, and (c) not absent from the state, shall act as governor: attorney general, comptroller, commissioner of transportation, commissioner of health, commissioner of commerce, industrial commissioner, chairman of the public service commission, secertary of state. § 6. An individual who is acting as governor under this article shall continue to do so until the vacancy in the office of governor shall be filled by election or by the qualification of the lieutenant governor, the temporary president of the senate or the speaker of the assembly. The removal of a disability or the termination of an absence from the state of an officer higher on the list contained in section one of this article shall not terminate the service in the office of governor of such individual who is acting as governor.